The Scottish Child Payment (Saving Provisions) Regulations 2022 No. 302

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This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

Scottish Statutory Instruments

2022 No. 302

Social Security

The Scottish Child Payment (Saving Provisions) Regulations 2022

Made

25th October 2022

Laid before the Scottish Parliament

26th October 2022

Coming into force

14th November 2022

The Scottish Ministers make the following Regulations in exercise of the powers conferred by section 95 of the Social Security (Scotland) Act 2018( 1) and all other powers enabling them to do so.

Citation and commencement

1.  These Regulations may be cited as the Scottish Child Payment (Saving Provisions) Regulations 2022 and come into force on 14 November 2022.

Saving provisions

2.—(1) This regulation applies where an individual’s determination of entitlement includes an award for the period on or after 1 April 2022 and before 14 November 2022.

(2) Despite regulation 4(6)(a) of the Social Security (Miscellaneous Amendment and Transitional Provision) (Scotland) Regulations 2022( 2) (“ the principal Regulations”), regulation 20(1) of the Scottish Child Payment Regulations 2020( 3) continues to have effect on and after 14 November 2022 as it did immediately before that date in respect of the period mentioned in paragraph (1).

3.  The amendment made by regulation 4(6)(b) of the principal Regulations is of no effect in relation to the death of a child which occurred before 14 November 2022.

SHONA ROBISON

A member of the Scottish Government

St Andrew’s House,

Edinburgh

25th October 2022

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations make savings provisions in connection with the amendments made by the Social Security (Miscellaneous Amendment and Transitional Provision) (Scotland) Regulations 2022 (“ the principal Regulations”) to the Scottish Child Payment Regulations 2020. These Regulations, together with the principal Regulations, come into force on 14 November 2022.

Regulation 4(6)(a) of the principal Regulations increases the value of Scottish Child Payment with effect from 14 November 2022. Regulation 2 of these Regulations makes saving provision so that the value of Scottish Child Payment that applied prior to that date continues to apply in respect of a period of entitlement on or after 1 April 2022 and before 14 November 2022.

Regulation 4(6)(b) of the principal Regulations increases the amount of Scottish Child Payment payable in the period of 12 weeks ending with the death of a child. Regulation 3 of these Regulations makes saving provision so that the change to entitlement effected by regulation 4(6)(b) of the principal Regulations does not apply where the child in question died before 14 November 2022.

( 1)

2018 asp 9.

( 2)

S.S.I. 2022/XXX.

( 3)

S.S.I. 2020/351, relevant amending instrument is S.S.I. 2022/XXX.


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